Bye Laws Chapter XV to XVI ~ Co-operative housing society in Mumbai, Thane, Navi-Mumbai, Pune Property, Co-op, Civil Consumer Law

Clipped from: https://www.chsguru.com/2011/08/bye-laws-chapter-xv-to-xvi-xv.html

152The society may, if it considers it necessary, appoint an internal Auditor, to audit the accounts of the society, at the annual meeting of the general body and fix his remuneration.
153The Secretary of the society shall produce or cause to be produced all the books, registers, records before the internal auditor and the Statutory Auditor, in the office of the society or where the records are normally kept and furnish such information as may be required by him for the conduct of the audit of the a-counts of the society.
154On receipt of the audit reports from the Statutory and internal Auditors, the Secretary of the society shall prepare draft audit rectification reports on the objections raised and suggestions made, in the form ‘0’ prescribed under Rule 73 of the MCS Rules 1961 and place the same before the meeting of the committee, held next after the date of the receipt of the audit reports, for its approval. Further action on the audit rectification report shall be taken as provided under the said Rule.
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XVI  CONVEYANCE OF THE PROPERTY, AND REPAIRS TO AND MAINTENANCE OF THE PROPERTY
155(a)The committee shall in consultation with the general body, take necessary steps for conveyance of the land/ building/ buildings in favor of the society.
(b)The committee meeting shall examine, in consultation with the Solicitor or the Advocate of the society, the deed of the conveyance of the land and the building/building thereon prepared by the builder and place the same before the meeting of the general body of the society for its approval.
(c)On approval of the draft deed by the general body meeting of the society, the committee shall execute it.
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156It shall be the responsibility of the committee to maintain the property of the society in good condition at all times.
157The Secretary of the society, on receipt of complaints about the maintenance of the property of the society from any members of the society or on his own motion, shall inspect the property of the society from time to time and make the report to the committee, stating the need of the repairs, if any, considered necessary. The committee shall consider the report made by the Secretary of the society and decide as to which of the repairs should be carried out.
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158(a)The committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property, if the one time expenditure does not exceed:
Up to 25 membersRs.25,000/-

26 to 50 membersRs. 50, 000/-

51 and aboveUp to Rs. 1,00,000/-
(b)If one time expenditure on repairs and maintenance of the society’s property exceeds the limits as mentioned under bye-law No.158 (a), prior sanction of the meeting of the general body of the society shall be necessary.
(c)The meeting of the general body of the society shall decide:
1)The limit up to which the expenditure on repairs and maintenance of the property of the society could be incurred by the committee without calling for tenders for the work. In respect of the work, the cost of which exceeds the limit, so fixed, the committee shall follow the procedure of inviting tenders, placing them before the general body meeting for approval and entering into contract with the architect (if appointed) and the contractor.
2)limits of expenditure to be incurred on repairing & maintenance during co-operative year.
(d)The appointment of the Architect, if made by the Chief Promoter of the society, under the specific authority given to him by the promoters in their meeting, may be confirmed at the First General Body Meeting.
(e)If no appointment of an Architect is made by the Chief Promoter of the society, the meeting of the general body of the society shall appoint an Architect on such terms and conditions as it deems.
(f)The Committee shall enter into the contract with the Architect, on the basis of the terms and conditions approved at the meeting of the General Body of the society in that behalf.
(g)The Architect shall prepare the plans and the estimate of construction of the building/buildings in consultation with the committee, which shall place the same before the meeting of General Body of the society. The Architect shall submit the plans and estimates of the construction of the building/buildings approved by the meeting of the General Body of the society to the Local Authority for sanction.
(h)After approval of the plans of the construction of the building/ buildings by the local authority, the committee shall invite tenders in consultation with the Architect of the society.
(i)The Secretary shall open the tenders received by him in the meeting of the committee, which shall scrutinise them and prepare its report along with the draft of the terms and conditions, in consultation with the Architect of the society and place the same before the meeting of the General Body for its decision. After the approval of the General Body, the committee shall then enter into the contract with the Contractor. The tenders for the work worth up to Rs. 1,00,000/-should be approved by the committee within its authority. While doing so, for getting done the good quality work, if necessary, there is no problem to approve tenders of the rate more than 10% of the tender offering lowest rate. However, the committee should ensure the quality on its own responsibility.
(j)The contract deeds entered into with the Architect of the society and the Contractor shall provide a stipulation for settlement of the disputes arising out of execution of the contracts, under Section 91 of the Act. The contract deeds shall be registered under the Registration Act, 1908.
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159Subject to the provisions of the bye-law No.158 (a), (b) and (c), the committee shall proceed to carry out the repairs and maintenance of the property of the society. It shall be the responsibility of the committee to see that the repairs are carried out as per the contract.
160The following repairs and maintenance of the property of the society shall be carried out by the society at its costs.
(a)(i) All internal roads, (ii) Compound walls (iii) External water pipe lines (iv) Water pumps (v) Water Storage tanks (vi) Drainage lines (vii) Septic tanks (viii)Stair cases (ix)Terrace and parapet walls (x) Structural repairs of roofs of all flats (xi) Stair-case lights (xii) Street lights (xiii) Outside walls of the building/buildings, (xiv) All leakages of water including leakages due to rain water, and leakages due to external common pipe line and drainage line (xv) Lifts (xvi) The damaged ceiling and plaster thereon in the top floor flats, on account of the leakage of the rain water through the terrace.
(b)All the repairs, not covered by the bye-law No.160 (a) shall be carried out by the members at their cost.
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161(A)The society shall insure its building/buildings necessarily against risk of tire and earthquake and flood.
(B)The Managing Committee of each and every Housing Society shall chalk out Emergency Planning Scheme, which include below mentioned details in respect of the society and the surrounding area.
1)Probability of danger and analysis thereof.
2)Evaluation of risk in pursuance of the probable danger.
3)Response machinery.
4)Important telephone numbers
a)Emergency telephone number of each and every member.
b)Telephone numbers of the officers of the Government machinery concerned with emergency management.
The Managing Committee shall hold discussion with all the members in the General Body Meeting over the plan prepared as aforesaid and shall inform about the same to the members. The Plan such prepared shall be displayed on the Notice Board of the society and the same shall be made up up-to-date from time to time as per the requirement.
(C)As per the Juvenile Workers Act, 1986, it is prohibited to employ child labors for household work and other works and as per the provisions of said Act. If any person is found to have employed child labors for house hold work, then a punishment of one year imprisonment and a fine up to Rs. 20000/- can be awarded to him. The Managing Committee of the society shall display the said legal provision on the Notice Board and shall create awareness in the minds of all the members for eradication of the said evil, child labor practice.
C(1)The office bearers of the society shall ensure that no member of the society has employed child labors and shall make arrangements of informing the Labour Commissioner that the society is free from child labour practice.
C(2)If any member is found to have employed child labour, the Managing Committee shall immediately contact the office of the Labour Commissioner or the Police Station or the concerned voluntary organization and shall inform to that effect in writing to the office of the Labour Commissioner.
(D)The Managing Committee of the society shall take below mentioned precaution to see that no injustice is done to any widow in the Co-operative Housing Society.
After the death of a member of the society, while transferring the flat wherein his widow is residing, to her name, after checking the Nomination letter/ Succession Certificate etc. only after her lawful right to the said property is established, appropriate action shall be taken as per provisions of the Act and Rules.
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162No member of the society shall destroy, deface or cut down any trees in the compound of the society. Any action, in contravention of the above provision may render the member concerned liable for action.
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